BILL NUMBER: S7214

SPONSOR: MARTUCCI
 
TITLE OF BILL:

An act to amend the legislative law, in relation to a non-partisan
senate background review commission

 
PURPOSE OF THE BILL:

Creates a non-partisan senate background review commission to review and
verify the completeness and veracity of background investigations and
the disclosure.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1. The legislative law is amended to add a new Section 84 to
read as follows:

§ 84. Non-Partisan senate background review commission. 1. A legislative
commission to be known as the non-partisan senate background review
              

commission is hereby established. The commission shall(a)review and
verify the completeness and veracity of all background investigations of
executive nominations for advice and consent of the senate;(b) review
and verify the completeness and veracity of responses of nominees to the
questionnaires provided for executive nominations for advice and consent
to the senate;(c) report to all legislative members on their findings as
to completeness and veracity.

2. The background review commission shall consist of five members
appointed jointly by the temporary president and the senate minority
leader. The chair of the commission shall be appointed jointly by the
temporary president and the senate minority leader.

3. The commission may request and shall receive from any court, depart-
ment, division, board, or bureau, commission, or agency of the state
such assistance and data as will enable the commission properly to carry
out its powers and duties hereunder.

4. The members of the commission shall receive no compensation for their
services but shall be allowed their actual and necessary expenses
incurred in the performance of their duties hereunder.

5. Beginning September 31, 2021, when an appointment to an office by the
governor by and with the advice and consent of the senate is communi-
cated, in the form of a written nomination of a person for the office to
the senate, the governor shall provide a copy of any background investi-
gation, and any other documents related to the nomination of such indi-
vidual, to the non-partisan senate background review commission. In the
event any such background investigation, or other documents related to
such nomination, is updated or amended, the governor shall provide such
updated or amended information to the commission as soon as practicable,
but no later than after one week or after such nomination is expected to
be voted on by the senate.

 
JUSTIFICATION:

A non-partisan senate background review commission should be created in
order to provide objective analysis of the executive nominations.  This
commission will (1) review and verify the completeness and veracity of
all background investigations of executive nominations for advice and
consent of the senate review and verify;(2) review and verify the
completeness and veracity of responses of nominees to the questionnaires
provided for executive nominations for advice and consent to the senate;
(3) report to all legislative members on their findings as to complete-
ness and veracity. The commissions role will be to increase the legisla-
tures knowledge on the background of those who are executive nominees to
leadership roles in New York State.

Currently, the senate majority and minority parties in the legislature
are divided amongst themselves to provide their party with information
in regards to the executive nominees. This information can appear
different within each party, with either attaining or failing to receive
valuable background review on each nominee. The result can lead to vast
misinformation and unknowledgeable voting in favor of or against those
who will be taking leadership roles in the state of New York. With a
non-partisan senate background review committee, information will be
provided directly from the governors office, providing each party with
clarity and complete veracity on those being nominated. This information
will include a copy of a background investigation, and any other docu-
ments of value related to the nomination.

In order to prove effective and fair to each party, and each member of
the legislative, it is imperative that each party has equal access to
this information. The background review commission shall consist of five
members appointed jointly by the temporary president and the senate
minority leader. In addition, the chair of the commission shall be
appointed jointly by the temporary president and the senate minority
leader. This will create trust and confidence in the commission to
fulfill duties for both parties, with no surpassing interests from
either side of the isle.

 
PRIOR LEGISLATIVE HISTORY:

None

 
FISCAL IMPLICATIONS:

N/A

 
EFFECTIVE DATE:
This act shall take effect immediately.